In Brief
A lecturer in Anesthesia at a medical college in Uttar Pradesh obtained an appointment at a medical institute in Chhattisgarh in 2004. She submitted leave applications to her original employer seeking approval to join the new post but received no response. She joined the new institution without formal sanction while her leave application was pending, and later drew salary from both employers. Years later, after retiring from Chhattisgarh, she sought retiral benefits from Uttar Pradesh, which were denied. The High Court quashed the denial and ordered fresh consideration. The Supreme Court reversed this, holding that her conduct amounted to abandonment of service and that without formal leave sanction or approval, she was not entitled to retiral benefits. The Court also set aside the High Court's direction requiring the officer to appear in person, reaffirming that courts should not summon officers merely to explain lawful orders."
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